Loading...
HomeMy WebLinkAboutDenboer Engineering & Construction, Inc. - 2005-12-19ir � �.� , . ,s --•v - xt ,u'- v+-,...-. . _ y .._. ,.,: ....,....-.�,.,� � _.,,,.b -•-w. ''o-L..yr'�,,.! - __.v _ .. _,... *rw _.' -..n.-�Y'^a, ..nw. ..,....+-�...- .�.�,,,- •-• "`` J F'v RECEIVED BY: CITY CLERK RECEIPT COPY G` �—�-� Return DUPLICATE to ` �`� `• 4 City Clerk's Office (Name) after signing/dating 2�C��t�? (Date) H CITY OF HUNTINGTON BEACH • INTERDEPARTMENTAL COMMUNICATION TO: Sharrii,Fr'eiide/nnrriich, City Treasurer FROM: `7'i"%i 1,�i`�'I/,j Lrv� S U%C. DATE: SUBJECT: Bond Acceptance I have received the bonds for �, �L I 36 (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. CC No. 1A 7`y q( 1A� MSC No. Approved ! !�l �� S Agenda Item No. (Council Approval Date) City Clerk Vault No — J� #27 g1followup/bondlefter.doc . r , _. .. �.� City oHuntington Beach [TOINTER -DEPARTMENT HUNTINGTON TO: THOSE LISTED HEREON FROM: Joseph Dale, Contract Administrator DATE: February 5, 2008 SUBJECT: Retention Release Payment Company Name: Denboer Engineering and Construction Address: 72152 North Shore Street Suite G City, State and Zip Code: Thousand Palms, CA 92276 Phone Number: (760) 469-8923 Business License Number: A 260363 Exp.9/08 Local Address: Same as above Notice of Completion Date: Pending Contract Purpose: Release of retention to contractor for Cash Contract No.1240, 1241 The conformed copy of the Notice of Completion for the above contract has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. I certify that no stop notices are on file on the subject at this time. ;Z-io-- ®a_ Date Travis I certify that there are no outstanding invoices on file. Z-�1. -q Y Date is Works Director Shari FreidenrigJ , City Treasurer I certify that no stop notices are on file on the subject contract, and that a guaranty bond has been filed with this office. A �Jh /0,1?— -��rc to Joan L , City Clerk Reten. Release 2/7/2008 10:56:00 AM PLEASE COMPLETE THIS INFORMATION This Document was electronically recorded by Eli Cert Mail F. RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Attn: Joseph Dale P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder 11111111111�111111111111111111111111111111111111111Jill 111 No FEE 2008000081129 09:27arm 02/22/08 228 195 N12 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 VA TITLE OF DOCUMENT: NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded to Denboer Engineering and Construction who was the company thereon for doing the following work to -wit: TENANT IMPROVEMENT AT LIFT STATION #26 AND #28, CC-1240 AND 1241 That said work was completed October 12, 2007, by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the Director of Public Works on October 12, 2007, per City Council Resolution No. 2002-10 adopted February 19, 2002. That upon said contract, SAFECO INSURANCE COMPANY OF AMERICA, was surety for the bond given by the said company as required by-law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this February 5, 2008. Di" rector �IubfiZcWks or City Engineer City of Huntington Beach, California STATE OF CALIFORNIA) County of Orange ) ss: City of Huntington Beach, ) I; the undersigned, say: I am an Agent of the City of Huntington Beach, owner in fee, in the foregoing NOTICE OF COMPLETION. I have read said NOTICE OF COMPLETION and know the contents thereof; the same is true of'my knowledge. I declare under penalty of perjury that the foregoing is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County. Dated at Huntington Beach, California, this February 5, 2008. Director of Public Wor s or City Engles City of Huntington Beach, California THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) 41 01.059-TITLE PAGE (R7/95) Certification of Compliance with. Prevailing Wage Laws To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Prevailing Wage Laws Contract: t= y 0 4. (,-A_ `{ t Project: 41r-T�- �.r The undersigned contractor on the above -referenced project ("Project") hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract for the Project have been paid pursuant to the minimum wage and bona fide fringe benefit requirements specified for each particulax classification of work, as set forth in the wage -rate determinations of the State of California, Department of Industrial Relations, and/or the United States Department of Labor. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this Q -t-µ day of p 41ID,8u2 , 24 0 7, at PAcm 5P14A.-S , California. (Type Contractor Name) By: IV Name: [T atneJ. /J sZ G- �J�Nr3v�✓L a°/�t /J�ti Title: [T e Titlej A$ .c VA �t CIW AT I�Rny -rc- y 03• ab • 0-�o 247542.1 CONTRACTOR'S CERTIFICATE I, 06 & d) E4,i og o eez , state and certify that: (Name of Declarant) ,yC, is the general contractor to the City of Huntington Beach ("City") on Contract No. /;, �t O %t-(the "Contract") for the construction of the public work of improvement entitled: t F- T s 7-A 7-1 07v4�2 6 /Z 4P/-A C&..w g gt A-.N � c.1 F-T S7-t4T ( 011,j "-ZS R4F044C4EJ"6�,V —I (the "Project"). 2. All work to be performed pursuant to the Contract has been completed in accordance with the Contract Documents (as such term is defined in the Contract). 3. Except for the claims listed.below and the disputed claims listed in paragraph five (5), all persons supplying labor, services, materials and equipment to the Project, including all claims against the Contractor arising from the performance of the Contract, have been paid and satisfied (lisfunpaid debts and claims; if none, write "NONE"): ,�1 DNS 4. Attached hereto are the lien waivers required by the Contract Documents, which lien waivers have been executed by all persons who performed work on or supplied labor, services, materials, and/or equipment for use at the Project, 5. Set forth below is a list of disputed claims or claims that are the subject of a Notice to Withhold filed pursuant to the Civil Code of the State of California (list all disputed claims; if none, write `NONE"): I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed atHs on this IL tt day ofI-)4N u�W-,Y , 20c=) 8 ignature of Declarant) APPROVED AS TO FORM By: � Name: [Type Name] Title: [Type Title] 245914.1 Certification of Compliance with Title V11 of the Civil Rights Act and Equal Employment Opportunity Act of 1972 To: City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Re: Certification of Compliance with Title VII of the Civil Rights Act and Equal Employment Opportunity Act of 1972 Contract: 1 2-(4 0 cL. ( 2k.-4 f Project: G.t FT S7-A 7-1 Ory AIN' 4� L f I=T- ST7a T"c Z-'+3 The undersigned contractor on the above -referenced project ("Project") hereby certifies that it has complied with Title VII of the Civil Rights Act, the Equal Opportunity Act of 1972 and Executive Order 11246, and has not discriminated against any employee or applicant for employment because of race, creed, color, sex, national origin, age or disability. The undersigned contractor also certifies that it has not maintained any segregated facilities at its establishments on the basis of race, creed, color, sex, national origin, age or disability (with the exception of access for the disabled), I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 6?' day of c gd E c!L , 20 at 15j4?4N4 California. CenBoor En~ng and Construction, Inc. 72152 Northdwre Str®et Suite G 7 (Type Contractor Name) By: Nam Title -P-) 3-'�F6-U0 245911.1 RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating �• it ��> ii A' TO: Sidenrich, City Treasurer P_ FROM: DATE: SUBJECT: Bond Acceptance 1 have received the bonds for1��1�1iC4 _ (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Guarantee and Warranty Bond No. Re: Tract No. MSC No. Approved >� (�ounc" Approval Date) Agenda Item No. City Clerk Vault No.� a, #27 glfollowuplbondletter.doc MAINTENANCE BOND PREMIUM: $2,335.00 SAFECO Insurance Company PO Box 34526 Seattle, WA 98124-1526 Bond Number 6360035 KNOW ALL BY THESE PRESENTS, That we, DEN BOER ENGINEERING AND CONSTRUCTION, INC. as Principal, and SAFECO INSURANCE COMPANY OF AMERICA a corporation organized under the laws of the State of Washington and duly authorized to do business in the State of CALIFORNIA CITY OF HUNTINGTON BEACH , as Surety, are held and firmly bound unto as Obligee, in the penal sum of TWO MILLION FIVE HUNDRED TWENTY—ONE THOUSAND NINE HUNDRED TWENTY—EIGHT AND 67/100 — — — — — — — — — — — — — — — — — — — ($ 2,521,928.67 — — — ) to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents. WHEREAS, the said Principal entered into a Contract with the CITY OF HUNTINGTON BEACH dated for LIFT STATION #26 REPLACEMENT AT EDINGER AVENUE AND SANTA BARBARA LANE, CASH CONTRACT NO. 1240 AND LIFT STATION #28 REPLACEMENT AT CORAL CAY LANE AND BLUE WATER LANE, CASH CONTRACT NO. 1241 WHEREAS, said Contract has been completed, and was approved on 5 th day of OCTOBER , 2008 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 1S SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of ONE year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed and sealed this 16th day of JANUARY li: DEN R E E G AND CONSTRUCTION, INC, (Seal) (Seal) (Seal) SAFECO INSURANCE COMPANY OF AMERICA By Q7_ 4miCHAEL D . TON GG Attorney -in -Fact S-08431SAFF 1oi99 ® A reqistered trademark of SAFECO Corporation FRP State of California County of RIVERSIDE On tf %(� D before me, R. CISNEROS "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persoykWwhose name(ols/arc subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/laeWfheir authorized capacity0e4 and that by hisl1ww kcir signatureKon the instrument the personX, or the entity upon behalf of which the personfit'facted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R. CiSNEROS WITNESS my hand and official seal. COMM. #1488731 cr NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY i U\. MX Comm. Ex ires June 7, 2008 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description ofattached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any aclmo+rledgment completed in California must contain verbiage exactly as appears above in the norm), section or a separate acknowledgment form must be property completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances. any alternative ac"mviedgment verbiage as may be printed on such a document so long as rite verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying lire authorized capaciq of the signer). Please check the document carefully jor proper notarial wording and attach this form if required • State and County information must be the State and County where the document signer(s) personalty appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s) personally appeared which must also be the some dale the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/sheithey is lace ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ofdocument recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. if sea] impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of attached document, number of pages and date. Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com Safeco Insurance Company of Amenca POWER General Insurance Company of America Safeco Plaza OF ATTORNEY Seattle, WA 98185 KNOW ALL BY THESE PRESENTS: No. 6966 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ******`SHAWN BLUME, ROSEMARY CISNEROS; JEREMY PENDERGAST, MICHAEL D. STONG; Riverside, California********* its true and lawful attomey(syln-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby, IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 8th day of March , 2007 A,A,L v _��f40_, STEPHANIE DALEY-WATSON.SECRETARY TIM MIKOLAJEWSKI. SENIOR VICE-PRESIDENT. SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA; "Article V. Section 13. -FIDELITY AND SURETY BONDS ... the President; any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys4n-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a. facsimile thereof, may be Impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Stephanie Daley -Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resoiution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws. the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF. I have hereunto set -my hand and affixed the facsimile seal of said corporation s this 1 t£' [ { day of S-0974MS 4105 cMR f SEA I. M APAIX J�� Q �rrxe x jA `RZ,, � STEPHANIEDALEY-WATSON,SECRETARY Sateco® and the Safeco logo are registered trademarks of Safeco Corporation. WEB PDF i CbNSENT OF SURETY TO FINAL PAYMENT AIA Document G707 (Instructions on reverse side) TO OWNER: (Name and address) CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CA 92648 PROJECT: LIFT STATION #26 REPLACEMENT AND (Name andudd''ss) LIFT STATION #28 REPLACEMENT OWNER ARCHITECT CONTRACTOR J SU RE IY ❑ OTHER ❑ ARCHITECT'S PROJECT NO.: CONTRACT FOR: LIFT STATION #26 AND #28 CONTRACT DATED: In.accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (Insert ,unne and address o/.Sureto SAFECO INSURANCE COMPANY OF AMERICA 120 VANTIS SUTTE 130 ALISO VIJEO, CA 9.2656 , SURETY, on bond of (Insert name tine/ address o% Contractor) DEN BOER ENGINEERING AND CONSTRUCTION, INC. 72-152 NORTHSHORE STREET SUITE G THOUSAND PALMS CA 92276 , CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert nctnte and udchzsc (?J Owner) _ CITY OF HUNTINGTON BEACH 2000 MAIN STREET HUNTINGTON BEACH CA 92548 , OWNER, as set forth in said Surety's bond. IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: JANUARY 16, 2008 (btser7 in reritfng the month fidlowed hi' the numeric date and yeac) SAFECO INSU NCE COMPANY OF AMERICA (,S7nc t'1 i Si, trnneoJcrnthorrzec(t•pre e,uutir°e) Attest: (Seal): MICHAEL D. STONG, ATTORNEY -IN -FACT (Printed ncane ttad tille) CAUTION: You should sign an original AIA document that has this caution printed in red. An l l original assures that changes will not be obscured as may occur When documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. AIA DOCUMENT G707 • CONSENT OF SURETY TO FINAL. PAYNIEiN"1' • 1994 EDITION • ' AlA �199°+ • THE ANI1,'RICAN INSTITUTE UP ARCHITEC rS, 173S NE\V PORK AVENUE, N\K�, AX'ASI{- INGTON, U.C. 29006-5292 • WARNING: Unlicensed photocopying violates U.S. copy- G707_1 994 ®� right laws and will subject the violator to legal prosecution. INSTRUCTION SHEET FOR AlA FXACt'\NMFNT G_707, C,0NSFN'l' OF SI :RE'1Y'1'O FINAL RNYNIEN'l' A. GENERAL INFORMATION 1. Purpose 1hls (Imutncnt is inwildcd lot u<c'Is ,I cumpannnt to AIA 1)cacuntci,t G,nG. (:Onnacn)r's Altulacit (i Pa)•mcut OI i)chl, and Cl;um�, un cchcn° the Co ll:1(IOr is reduirrd it) funti,h .t hOiul I3c Oht.unin�" the tinrctc', apprO).il Ot final pavncnt to the 0wtr:lo tlw .uxi na aI ,rccmcnt that final pacnuwnt gill nnl rclic-vt: the Suratv Otam O1 )1, OhllnatiOns, ihC 0�mcr MINv prc,CIVC u, ri"hIs under the h(unl. 2. Related Documents 'Chi, dtwIlmeni roam he uscel with mo,i OI the AIA's O»ncr-(.unTriwIOr "Igicc°tnent, and 11cnci,il conditions..such is A201 and it, related I;unil, OfdOrun)cnt-�. A, mitcd ahulc, this Is if c'Onip:u)iun (orumrut u)AtA Ihxunient G-100. 3. Use of Current Documents Pru)r tO usm- .wy AtA dcxuntcnt, the user ,hOuid consult the AJA1 :ill AIA cumpuncnt (hapicr OI it rurtcnt alA Ikwuntcnt., List to detrrminc th( Current cditiou of C:l h (inc(u)ICnt. 4. Limited License for Reproduction AIA 1)ocunicnt G't)_ i, :I cc,prri�41 twci \eOrk mid mar not bC icpr(Otwed Or CN( crpWd fiun) in suhstantial hart VJ010111 the c�prrss (%riltcn permisiun of the AtA. The G707 6)(tin °rit is tnlcnded u) hr u,cd a, it rOn,unt,thlc—that is, the original dOcumcnt pur- cha,cd hr the uscl is Intcndcd to he cOnsnnwd in the• course Othcuig n.scd. 1'11cl-c i, n() implied penni.ssiun ti) rc°prOdu<c ttii., docum(°It. not doC, membership in'1'he Anici wim Instiurtc Of Archuccts c(mfcr imp furiber n hts to rc'pro(iu( e (;70-. A c;tuti()llan nOticr i, printed in red un I I w ,)riginal Oi this do,tulicni Thi> nOurc distirn­mshus an (wigin,tl ALA dcxuntcnt fl'()n) cOpiCs ,tnd (OuntcrIciis. TO ensure arc ir.wv .tnd Lill ifor]ill c of Ian uagc, purl baser, .simuld use (mly an origimil :AIA do( wnC111 or One that h,t, lurn rcl;rOduccd Iron) an OI i.ginal under .i spe(ial limited license tton) the AIA A limited license r, hcrebcp r.uucd to retail purchasers If) rcim (lucca rtt.lsu)u)n) of tet� cOIM-s ()I :I rOmpletCd Or<xeruted GAO,. brit uuh' h )r u,C in runncction (\ritl, a pan Irular prOie(1, I-unhcr rep rOdu( I ions ;Ire prOhibitC(I Will) IT thc° c:yI perniis,ion of thCA IA. B. CHANGES FROM THE PREVIOUS EDITION Ch(tn} c� ui the 1()( atiOn Of c�u-unir item, OI IrIN "I1YLl}Oit WOV maoie, c+nhOut rCOsi(w it) thc,uhstancc 4 the° dOo utnenl. C. COMPLETING THE G707 FORM Ci ,-NERAL The bond ii)rm i, OW usual sour( e Oi redttired u11()rntatiOusuch as the ( ontra('t (I'll(, mid d)c mines :uul addres,Cs of the Surety, Ov+ncr, C( nd Projr( t ARC111TE(; C"S PRt))E(;"I' \O : 'I Ills inf<)1 onion 1� n picalic by the Alvhitc( t and rntcred On the form) hy the Corrtraci(w. (( )',1TRACT F0W "i ht, rcCci', to t he so, ups I d the ((mtrac't, auch as 'GcncrsI C mu-,ta c u( )n or " NIu( Iiitmo A �,N ode". D. EXECUTION OF THE DOCUMENT I'h(� (ISO, to rc(luires both du' tiurct� s sCa1 and ill c.sit WI Ire Of the Surctv', authorized represCrnaim c. 4!94 INSTRUCTION SHEET FOR AIA DOCUMENT G707 • ( r )v:,! 1 i" Oi' tit NEI) rO I IsA PAY%IFN )' • 10') i FDII]OA • AM r[if, IASI'lj(VI (W 1R( 11111:(U. I Y(MIK A%�r.V E, G707-1994 State of California County of RIVERSIDE Onbefore me, R. CISNEROS "NOTARY PUBLIC" (Here insert name and title of the officer) personally appeared MICHAEL D. STONG who proved to me on the basis of satisfactory evidence to be the persogWwhose namef;fis/are subscribed to the within instrument and acknowledged to me that he/sheA4tey executed the same in his/hefMteir authorized capacity ic4 and that by his/lam signatureK-on the instrument the personk< or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. R. CISNEROS �� COMM. #1488731 'NOTARY PUBLIC -CALIFORNIA N RIVERSIDE COUNTY Signature of Notary Public (Notary Seal) M Comm. Ex ires June 7, 2008 ADDITIONAL OPTIONAL, INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER ❑ Individual (s) ❑ Corporate Officer (Title) ❑ Partner(s) ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Other INSTRUCTIONS FOR COMPLETING THIS FORM Any ackrtmrledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment fornt must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as map be printed on such a document so long as the verbiage does not require rite notary to do something that is illegal for a notary in California (i.e. certifying rite authorized capacity of the signer). Please check rile document carefully for proper notarial wording and beach this foam tf required.' • State and County information, must be the State and County where the document signer(s) personally appeared.before the notary public for acknowledgmcnL • Date of notarization must be the date that the signers) personally appeared which must also be the some date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signet(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/ikey, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection ordocument recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal, if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. Indicate title or type of atached document, number of pages and date. ir Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO. Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 11ww.NotaryClasses.com " POWER Mot OF ATTORNEY KNOW ALL BY THESE PRESENTS: No. .6966 Safeco Insurance Company of Amenca General insurance Company of America Safeco Plaza Seattle, WA 98185 That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint .... *`-SHAWN BLUME; ROSEMARY CISNEROS; JEREMY PENDERGAST;MICHAEL D. STONG; Riverside, California*"*"*** its true and lawful altorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have` each executed and attested these presents this Bth day of March 2007 STEPHANtE DALEY-WATSON SECRETARY TIM MIKOLAJEWSKI SENIOR VICE-PRESIDENT SURETY CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V. Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, end any Assistant Vice President appointed for thatpurpose by the officer In charge of surety operations, shall each have authority to appointindivkfuals as attomeys-in-fact or under other appropriate titles with authority to-oxecule on behalf of the company fidelity and surety bonds and other documents of.similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking 'of the company, the seal, or a .facsimile thereof, may be impressed or affixed- or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28: 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (t) The, provisions of Article V, Section 13 of the, By -Laws, and (it) A copy of the power -of -attorney appointment, executed pursuant thereto, and (rii) Certifying that said power-of-attomey appointment is in full force "and effect, the signature of the' certifying officer maybe by facsimile, and'the ,seal of the Company maybe a facsimile.thereclL" I, Stephanie Haley -Watson Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby cartify that,the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant,thereto, are true and.correct, and that both the By -Laws, the Resolution and the Power of Attorney are stilt in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seat of said corporation S-09741DS 4105 this !�i day of SUjl-,4 r STEPHANIEDALEY-WATSON,SECRETARY SefecoG and the Safeco logo are registered trademarks of Satew. Corporation. WEB PDF Council/Agency Meeting Held: g' Deferred/Continued to: 'Approved ❑ Conditionally Approved ❑ Denied �,XC Cler s Sig ure Council Meeting Date: 12/17/2007 Department ID Number: PW 07-075 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY OUNCIL SUBMITTED BY: P*60PLBRETH-GRAFT, 15PA, CITY ADM INI TRATOR PREPARED BY: TRAVIS K. HOPKINS, PE, DIRE R F PUBL44ORKS SUBJECT: Approve Change Order Increase for Sewer Lift Station #26 CC-1240 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: The construction of Sewer Lift Station #26 requires a change order increase to remove the originally specified KSB pumps and replace with Wemco pumps. Additional funding will be necessary to complete the project. Funding Source: Funds in the amount of $35,000 are available in the Sewer Service Charge Fund, Sewer Lift Station CIP, Sewer Improvements, 51189001.82600. Recommended Action: Motion to: Increase the previously authorized 10% change order limit for Lift Station #26 construction from $226,400 (10%) an additional $35,000 (1.5%) or for a total change order authorization of $261,400 (11.5%). Alternative Action(s): Do not approve the change order amount and forego startup of the station with pumps that would meet operating requirements. REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 12/17/2007 DEPARTMENT ID NUMBER: PW 07-075 Analysis: The replacement of Sewer Lift Station #26 is nearly complete. The originally approved pumps manufactured by KSB although not our standard, were considered to be in conformance with the contract document specifications. Based on performance documentation and pump manufacturer testimony, the pumps met all of the requirements and the City staff approved the substitution. During the seven-day test, the pumps failed to perform due to debris obstructions. After a substantial troubleshooting effort, it was determined that although the KSB pumps did meet the contract specifications they did not perform to the satisfaction of the City. The KSB pumps were removed under City directive and replaced with temporary Wemco pumps. The contractor was directed to replace the KSB with permanent Wemco pumps. The City Engineer finds this change order request to be appropriate and necessary to complete the project. Total project change orders will amount to 11.5%. PWC Action: The Public Works Commission recommended this action on December 5, 2007 by a vote of 5-0-2 (Siersema and Spencer absent). Strategic Plan Goal: (1-1) Improve the City's plan for funding and completing infrastructure needs, and develop strategies for resolving crucial infrastructure problems. Environmental Status: Not required for this action. Attachment(s): -2- 12/6/2007 9:43 AM INITIATING DEPARTMENT: Public Works SUBJECT: Sewer Lift Station #26 CC-1240 COUNCIL MEETING DATE: December 17, 2007 CATTAC`B� I� E NTH _STi4TUS " Ordinance (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached ❑ Not Applicable Tract Map, Location Map and/or other Exhibits Attached ❑ Not Applicable Contract/Agreement (w/exhibits if applicable) Attached ❑ (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. Attached ❑ (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Attached ❑ Not Applicable Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑ Not Applicable Bonds (If applicable) El Notached t Applicable Staff Report (If applicable) Attached t Applicable Commission, Board or Committee Report (If applicable) Attached ❑ Not Applicable Findings/Conditions for Approval and/or Denial Attached Not Applicable ❑ n ,EX , LANAMN'I OR K80ROAT aCC ..� R VI WED RETURNED: ORV��RD�D` Administrative Staff ) ( ) Deputy City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( ) City Clerk ( ) ME 14VA a(Be/o�w Space For City Clerk's Use OnlyJ__ RCA Author: J. Dale 1�� Z RECEIVED BY: (Name) ,7 (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating — - • CITY OF BEACH �4IF INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenricch,,�City Treasurer�4,� FROM: (-'�i��_. ✓���'�` DATE: SUBJECT: Bond Acceptance have received the bonds for I-Ao (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. A-ClIox-Ai 7 C&,U3/ Re: Tract No. , CC No. AA a,-) % ,`7f MSC No. Approved %r / _!� Agenda Item No. (Council Approval Date) City Clerk Vault No. #27 g:/followup/bondletter dnc Denboer Engineering & Construction, Inc. 4575 E. Camino Parocela Palm Springs, CA 92264 Attn: Doug Denboer, President Re: Lift Station #26 Replacement (CC-1240) and List Station #28 Replacement (CC- 1241) The City Council awarded the bid to your company for the above referenced project. Enclosed is a copy of the executed contract with the City of Huntington Beach. A Declaration of Satisfaction of Claims and a Certificate of Compliance form must be returned to this office after the proiect is completed but prior to the release of retention funds In addition, the following item must also be on file, with this office before the City can release any retention funds: A warranty bond guaranteeing the final amount of work and materials for one year. If your performance bond does not include specific wording for a one-year warranty, then a rider or separate bond must be submitted. Should you have any questions or concerns regarding the enclosures or items that must be on file in this office prior to release of retention funds, please call the Public Works Department at 536-5432. Sincerely, oan L. Flynn City Clerk J F: pe Enclosures: Copy of Contract including Proposal Copies of insurance/bonds Declaration of Satisfaction Certificate of Compliance Bid Bond (original) g: followuplcashconticashcon-letter. doc (Telephone: 714-536-5227 ) DECLAMATION OF SATISFACTION OF CLAIMS state: (Name of Contractor) 1. 1 am the general contractor for the City of Huntington Beach, as to the project more fully described in the public works contract entitled: and dated 2. All workers and persons employed, all firms supplying materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California: (if none, state "NONE") I declare under penalty of perjury that the foregoing is true and correct. Executed at (Location) g:followup\cashcont\cashcon2.doc procedure #15 on this day of (Signature of Contractor) , 20 APPROVEDAS TO FORM � t NIFER McGRATH, City Attorney arch Sutton v-ty City Attorney //// City of Huntington Beach Department of Public Works 2000 Main Street/P.O. Box 190 Huntington Beach, CA 92648 Subject: Certification of Compliance with Title VII of the Civil flights Act and Equal Employment Opportunity Act of 1972 Gentlemen: The undersigned, contractor on: Project No. Title hereby certifies that all laborers, mechanics, apprentices, trainees, watchmen and guards employed by him or by any subcontractor performing work under the contract on the project have been paid wages at rates not less than those required by the contract provisions, and that the work performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to the wage rate paid. (Signature and Title) APPROVED AS TO FORM VIFERGRATH, City Attorney jrney 1 ZI Y g:fogowup\cashcont\cashcon 1.doc procedure #14 V 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17, 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34 35. 36. 37. 38. 39. 40. CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND L-° «T' Q�'�TI C41 -+26 ��M t_ I F r err)k- Io 4 *2-o cc,* 1241 TABLE OF CONTENTS Paee No. STATE OF WORK; ACCEPTANCE OF RISK 1 ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 COMPENSATION 4 COMMENCEMENT OF PROJECT 4 TIME OF THE ESSENCE 4 CHANGES 5 NOTICE TO PROCEED 6 BONDS 6 WARRANTIES 6 INDEPENDENT CONTRACTOR 7 LIQUIDATED DAMAGES/DELAYS 7 DIFFERING SITE CONDITIONS 9 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS 10 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 AFFIDAVITS OF SATISFACTION OF CLAIMS I WAIVER OF CLAIMS 12 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 WORKERS' COMPENSATION INSURANCE 13 INSURANCE 13 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 NOTICE OF THIRD PARTY CLAIM 15 DEFAULT & TERMINATION 15 TERMINATION FOR CONVENIENCE 16 DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 NON -ASSIGNABILITY 16 CITY EMPLOYEES AND OFFICIALS 16 STOP NOTICES 17 NOTICES 17 SECTION HEADINGS 18 IMMIGRATION 18 LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 ATTORNEY'S FEES 18 INTERPRETATION OF THIS AGREEMENT 19 GOVERNING LAW 19 DUPLICATE ORIGINAL 19 CONSENT 20 SURVIVAL 20 MODIFICATION 20 ENTIRETY 20 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON EACH AND FOR THIS AGREEMENT ("Agreement") made and entered into this I q day of . ELE M,80�, 2(Dp, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and ' I - , a California �'(CN GOWBFT' 1-�"R ; tI hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as -L--1 FT T+IN F T; in the City of Huntington BeachFM TF ; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK, ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 I the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city const/4-03 2 C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/fonns/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal 'of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed 00 TWO IAAL-L-`ON -a TWO %i NPF+;V Dollars ($ 2 a 7.64, ®O0) as -set forth Alt? 'Gixw F ° THkz.l ' - - in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within-`-K_Ty -em-scc.t14e from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agree/forms/city const/4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. E: :Ts]►1�7.y Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city const/4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ 14 C00 ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/forms/city const/4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/city const/4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 I I 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/fonns/city consr/4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 t/2 %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city const/4-03 16 28. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach AT -TN: 465,E;n4- - P^ -e` 2000 Main Street Huntington Beach, CA 92648 agree/forms/city const/4-03 17 TO CONTRACTOR: 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR DENBOER ENGINEERING & CQNMUCTICN, INC. PALM SPRINGS, CA 92264 B print name ITS: (circle one) Chairman ress ice President AND By: ��� zvG � print name ITS: (circle one) ecreta Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED,AND APPROVED: F_ City Admini agree/forms/city const/4-03 21 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 4'.e • Mayor ATTEST: ity Clerk APPROVED AS TO FORM: VYl 1.11- 09 City Attorney E APPROVED: Director of Public Works SECTION C PROPOSAL for the LIFT STATION #26 REPLACEMENT at Edinger Avenue and Santa Barbara Lane CONSTRUCTION CONTRACT No. 1240 And LIFT STATION #28 REPLACEMENT at Coral Cay Lane and Blue Water Lane CONSTRUCTION CONTRACT No. 1241 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF HUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into a contract at the following prices. The undersigned agrees to complete the work within Three Hundred and Sixty Five (365) calendar days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will re -advertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C-1 PROJECT BID SCHEDULE City of Huntington Beach - Water Division LIFT STATION # 26 REPLACEMENT BID ITEMS ITEM DESCRIPTION COST NO. I. Mobilization for the work including but not limited to insurance, office trailers, temporary sheds, temporary utilities, temporary facilities, equipment and supplies, move on, and all preparatory work prior to commencement of the work for the lump sum of: 2. Temporary sheeting, shoring, bracing and dewatering or equivalent methods including all planning, design, engineering fees, furnishing and constructing, and removal and disposal of such temporary sheeting, shoring, bracing and any necessary dewatering as a lump -sum item, complete, as required under the provisions of any permits, and, in accordance with the requirements of OSHA and the Construction Safety Orders of the State of California, pursuant to the provisions of Section 6707 of the California Labor Code for the lump sum of: $ 3. Demolition and abandonment of the existing Lift Station No. 26 and related appurtenant J facilities for the lump sum of: $ 4. Provision and maintenance of bypass pumping to allow the demolition of the existing Lift Station No. 26 and construction of the Replacement Lift Station No. 26 for the lump sum of: $ ( acc 5. Relocation of the existing potable water facilities as shown in the Drawings and Specifications for the lump sum of: $ 6. Lift Station No. 26 construction including but not limited to the construction of the new pump station including all structural, mechanical piping and equipment, electrical and C-2 ITEM DESCRIPTION COST NO. instrumentation to provide a complete pumped wastewater system, and to place into operation the sewer pump station, as shown on the Drawings and Specifications for the lump sum of: $ , 7. Furnishing and installation of the dry pit submersible pumps and control panel and the sump pump with controls per the Drawings and Specifications for the lump sum of: 's 8. Restoration of all aboveground and underground improvements existing improvements as shown on the Drawings and as found prior to construction for the lump sum of: $ k -� 4. Allowance for obtaining the necessary permits to construct and place into operation the pumping station facilities as further described in the Contract Documents: $ -c-�c. 10. Allowance for the Security system required for this project: $ c�xd 11. NPDES Compliance (NOI, SWPPP) and Implementation (BMPs, Monitoring, Sampling $cs r and Maintenance) Inclusive, but limited to: all labor, materials and permit fees for the lump sum of:: 12. Provision of payment and performance bonds for this project for the lump sum of. t $ . SUBTOTAL BID PRICE (ITEMS 1 THROUGH 12 ABOVE) FOR STATION #26 SUBTOTAL BID PRICE IN WORDS FOR STATION #26: C-3 City of Huntington Beach - Water Division LIFT STATION # 28 REPLACEMENT BID ITEMS ITEM DESCRIPTION COST NO. 1. Mobilization for the work including but not limited to insurance, office trailers, temporary sheds, temporary utilities, temporary facilities, equipment and supplies, move on, and all preparatory work prior to commencement of the work for the lump sum of: $ 2. Temporary sheeting, shoring, bracing and dewatering or equivalent methods including all planning, design, engineering fees, furnishing and constructing, and removal and disposal of such temporary sheeting, shoring, bracing and any necessary dewatering as a lump -sum item, complete, as requited under the provisions of any permits, and in accordance with the requirements of OSHA and the Construction Safety Orders of the State of California, pursuant to the provisions of Section 6707 of the California Labor Code for the lump sum of: $ C "a 3. Demolition of some portions of the existing Lift Station No. 28 and related appurtenant facilities r for the lump sum of: 4. Provision and maintenance of bypass pumping to allow for the modification and construction of the existing Lift Station No. 28 and construction of the odor control system and the valve vaults for the lump sum of: r $ L'1 t 5. Lift Station No. 28 construction including but not limited to; construction of the new pump station within the existing lift station, including all structural, mechanical piping and equipment, electrical and instrumentation to provide a complete pumped wastewater system, and to place into operation the sewer pump station, as C-4 ITEM DESCRIPTION COST NO. shown on the Drawings and Specifications for the lump sum of: $ `-1 i ►� 6. Furnishing and installation of the submersible pumps and control panel per the Drawings and Specifications for the lump sum of: 7. Restoration of all aboveground and underground improvements existing improvements as shown on the Drawings and as found prior to construction for the lump sum of: $� ,c 8. Allowance for obtaining the necessary permits to construct and place into operation the pumping station facilities as further described in the Contract Documents: 9. Allowance for the security system required for this project: _ $ 10. NPDES Compliance (NOI, SWPPP) and Implementation (BMPs, Monitoring, Sampling and Maintenance) Inclusive, but limited to: all labor, materials and permit fees for the lump $ sum o£ 11. Provision of payment and performance bonds for this project for the lump sum of: $ 7> SUBTOTAL BID PRICE (ITEMS 1 THROUGH 11 $ ABOVE) FOR STATION #28 SUBTOTAL BID PRICE IN WORDS FOR STATION #28:' Lam- K 0H�-4D C-5 PROTECT BID SCHEDULE City of Huntington Beach - Water Division LIFT STATION #26 REPLACEMENT and LIFT STATION #28 REPLACEMENT SUBTOTAL BID PRICE (ITEMS 1 THROUGH 12 ABOVE) FOR STATION #26 SUBTOTAL BID PRICE (ITEMS 1 THROUGH 11 ABOVE) FOR STATION #28 $ TOTAL BID PRICE $-` TOTAL BID PRICE IN WORDS: C-6 If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find Sao V---a..4n in the amount of $ « which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Date Rec�dved, C-7 In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License Number Class _s Lc By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-8 State of California ss. County off �•v2v�roE being first duly sworn, deposes and says that he or she is of DENS ER ENGINEERING & CONSTR66W*6, party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to d'ffectuate a collusive or sham bid. OENBOER ENGINEERING & CONSTRUCTION, INC. f Bidder — /1 - SiLynattnt-bf Bidder k,QMBOER ENGINEERING & CONSTRUCTION, INC. 4575 E. CAMINO PAROCELA PALM SPRINGS, CA 92264 ('760) =-2200 Address of Bidder Subscribed and sworn to before me this S-4 � day of �oytyh61A. 2005 NOTARY JENNIFER VAN BROEKNUInN Commission # 1478801 -i Notary Public - CaBlornia eivenw9cm* MY MaR b2 2W8 NOTARY SEAL UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Ladies and Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the Lift Station #26 Replacement, at Edinger Avenue and Santa Barbara Lane, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: . A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: < < d DENBOER ENGINEERING & CONSTRUCTION, INC Title C-10 In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? ® Yes M No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-11 Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: t i IC3� Title DENBOER ENGINEERING & CONSTRUCTION, INC C-12 r (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: DENBOER ENGINEERING & CONSTRUCTION, INC. Contractor Title Date: �!��� �0� Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work. Additional forms may be obtained from the AGENCY upon request. C-13 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: DEW- ENGIN-RgRING &QN6Ta,InnnNi 'Pin Bidder Name 4575 E, CAMINO PAROCELA PALM SPRINGS, CA 92264 (760) 327.2200 Business Address City, State Zip (760) 3.--7 -�� Telephone Number State Contractor's License No. and Class Original Date Issued Expiration Date The work site was inspected by 1)0v6- D6K),$ofAQbf our office on '37uL r a-3 , 200 oS- The following are persons, firms, and corporations having a principal interest in this proposal: DENBOER ENGINEERING & CONSTRUCTION, INL' C-14 01 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. DENBOER ENGINEERING & CONSTRUCTION, INC Co nanv Na e SiLn lure of Ai Dczx, � Printed or Typed Signature Subscribed and sworn to before me this �"+day of ofem e(-, 200i�. JET NPUFER VAN BRMKHUIIEN Commission # 1I78801 Nolmy Public - C40omla mvefoe CCU* Ca", &PkWMW25, 2= NOTARYPUB C ,J O�,r' Ah rbe- NOTARY SEAL Listed below are the name, address and telQtorw,humbers for three public agencies for which the bidder has performed similar work within the past two years: Pa 3. Name and Address of Public Agency Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Name and Address of Public Agency Type of Work Name and Telephone No. of Project Manager: Contract Amount Type of Work Date Completed Date Completed Date Completed C-15 Project References Sewer Lift Stations DenBoer Engineering and Construction Project: Lift Station #5 Modifications Completed: Jun-97 Amount: $312,308.00 Description: Modifications to Sewer Pump Station Contact: City of Big Bear Lake 39707 Big Bear Blvd Big Bear Lake, CA 92315 Kevin Sebourn (909) 866-7521 PROJECT NO: 145 MODIFICATIONS TO LIFT STATION NO. 4 COMPLETED: January, 1999 AMOUNT: $230,000.00 DESCRIPTION: CHANGE DRY WELL TO WET WELL WITH SUBMERSIBLE OWNER: CITY OF BIG BEAR LAKE P O BOX 10000 BIG BEAR LAKE, CA CONTACT: BIFF SNYDER (909)866-5050 PROJECT NO: 149 TEMPORARY LIFT STATION NO. A-1 COMPLETED: October, 1999 AMOUNT: $204,700.00 DESCRIPTION: INSTALLATION OF SEWER PUMP STATION AND FORCE MAIN OWNER: ELSINORE VALLEY MUNICIPAL WATER DISTRICT 31315 CHANEY STREET LAKE ELSINORE, CA 92531-3000 CONTACT: LOREN SORBER (909)674-3146 X 259 PROJECT NO: 157 BEAR CREEK SEWER LIFT STATION REPLACEMENT COMPLETED: August, 2000 AMOUNT: $346,000 DESCRIPTION: CONSTRUCT SEWER LIFT STATION AND DEMO EXISTING OWNER: RANCHO CALIFORNIA WATER DISTRICT 42135 WINCHESTER ROAD TEMECULA, CA 92589 CONTACT: KEN COPE (909)296-6900 PROJECT NO: 179 MECCA BEACH SEWER LIFT STATION REPAIR COMPLETED: October, 2002 AMOUNT: $59,600 DESCRIPTION: REPAIR PUMPS, BASE PLATE, ELECTRICAL, AND PIPING AT OWNER: CA - DEPARTMENT OF PARKS & RECREATION SALTON SEA STATE RECREATION AREA 100-225 STATE PARK ROAD NORTH SHORE, CA 92254 CONTACT: ANDY JABORSKY 760-393-2462 PROJECT NO: 184 CHEMEHUEVI LIFT STATION REPLACEMENT AMOUNT: $197,869 DESCRIPTION: INSTALLATION OF A NEW SEWER PUMPING STATION OWNER: CHEMEHUEVI INDIAN TRIBE P.O. BOX 1976 HAVASU LAKE, CA 92363 CONTACT: EDWARD SMITH (760) 858-4219 COMPLETED: March, 2002 PROJECT NO: 191 EL SEGUNDO PUMP STATION NO. 5 AMOUNT: $296,000 DESCRIPTION: REHABILITATE EXISTING SEWER PUMP STATION OWNER: CITY OF EL SEGUNDO 350 MAIN STREET EL SEGUNDO, CA 90245 CONTACT: MARYAM JONAS 310-524-2300 COMPLETED: September, 2002 PROJECT NO.: 197 SALTON SEA SEWER IMPROVEMENTS AMOUNT: $49,000 DESCRIPTION: INSTALL SEWER PUMP STATION AND SEWER LINES OWNER: STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION 100-225 STATE PARK ROAD NORTH SHORE, CA 92254 CONTACT: ANDY JABORSKY COMPLETED: October-02 PROJECT NO.: 198 EL SEGUNDO PUMP STATION # 4 AMOUNT: $752,000 DESCRIPTION: CONSTRUCT CONCRETE HOLDING TANK AND REHABILITATE LIFT STA OWNER: CITY OF EL SEGUNDO 350 MAIN STREET EL SEGUNDO, CA 90245 CONTACT: MARYAM JONAS 310-524-2300 COMPLETED: June-03 PROJECT NO.: 206 Kohl Ranch Sewer Lift Station AMOUNT: $631,000 DESCRIPTION: Install Sewer Lift Station, Dewatering, Shoring OWNER: Coachella Valley Water District/Kohl Ranch Development P.O. Box 1058 Coachella, CA 92236 CONTACT: Jorge Mesa 760-398-2651 COMPLETED: September-03 PROJECT NO.: 208 Jackson Street Area Lift Station AMOUNT: $611,588 DESCRIPTION: Install Sewer Lift Station and Force Main OWNER: Coachella Valley Water District P.O. Box 1058 Coachella, CA 92236 CONTACT: Jeff Townsend 760-398-2651 COMPLETED: July-04 PROJECT NO.: 210 Running Springs Sewer Lift Station AMOUNT: $427,000 DESCRIPTION: Sewer Lift Station and Generator Building OWNER: Running Springs Water District c/o Engineering Resources 1820 Commercenter Circle San Bernardino, CA 92408 CONTACT: Ron Worthington 909-890-1255 Completed: February-04 PROJECT NO.: 221 Wilderness Park Lift Station AMOUNT: $129,640 DESCRIPTION: Packaged Pump Station and Piping OWNER: City of Arcadia 11800 Goldring Road Arcadia, CA 91006 CONTACT: Lubo Tomair (626)256-6572 Completed: July-04 PROJECT NO.: 244 Andreade Lift Station AMOUNT: $368,000 DESCRIPTION: Replace Sewer Pump Station OWNER: City of Calexico CONTACT: Duane Peek 760-535-6762 Completed: June-05 :ECO INSURANCE COMPANY OF AMERICA UENERAL INSURANCE COMPANY OF AMERICA F1FIST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON gsvas KNOW ALL BY THESE PRESENTS, That we, _ DEN BOER ENGINEERING AND CONSTRUCTION, INC. of 4575 E. CAMINO PAROCELA PALM SPRINGS, CA 92264 (hereinafter called the Principal), as Principal, and SAFECO INSURANCE COMPANY OF AMERICA (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH (hereinafter called the Obligee) in the penal sum of TEN PERCENT OF THE AMOUNT OF THE BID — — - — — — — — — — — — — — — — — — — — — — — — — — Dollars ($ 10% OF BID ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for LIFT STATION NO. 26 & 2B REPLACEMENT NOW, THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such time as may be specified, enter into the Contract in writing, and give bond, if bond is required, with surety acceptable to the Obligee for the faithful performance of the said Contract, then this obligation shall be void; otherwise to remain in full force and effect. Signed and scaled this 27th day of OCTOBER Witness DEN OER ENGINEERING AND NST UCTiov; 'INC. n 200 5 (Seal) Principal Title SAFECO INSURANCE COMPANY OF AMERICA By _ ROSEMARY CISNER Attorney -in -Fact PRINTED IN U.S.A. ,'CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT U State of CALIFORNIA County Of RIVERSIDE On OCTOBER 27, 2005 DATE before me, MICHAEL D. STONG NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC - personally appeared ROSEMARY CISNEROS NAME(S) OF SIGNER(S) © personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), MICHAELD.STONG or the entity upon behalf of which the COMM. #1466011 NOTARY PUBLIC- CALIFORNIA w person(s) acted, executed the instrument. RIVERSIDE COUNTY M Comm. Ex Tres Jan. 27, 2MB WITNESS my_hanAand official seal. SIGNATURE OF _.__ ___ _ Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE BD-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 m * SAFECO INSURANCE COMPANY OF AMERICA S A F E C POWER r OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 6966 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *********************MICHAEL D. STONG; ROSEMARY CISNEROS; SHAWN BLUME; SUSAN C. MONTEON; Riverside, California************************** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 30th CHRISTINE MEAD, SECRETARY CERTIFICATE day of June A� V-c- MIKE I Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: GAVICK, PRESIDENT 2004 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) Acopy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 0� 4 day of Q , � , C��TE SEAL SEAL s 1953 ! 2's �lF& wAsH► �d1eDf1\4 S-09741SAEF 2101 CHRISTINE MEAD, SECRETARY ® A registered trademark of SAFECO Corporation 06/30/2004 PDF RECEIVED BY: (Name) (Date) CITY CLERK RECEIPT COPY Return DUPLICATE to City Clerk's Office after signing/dating CITY . ,Y • BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer FROM: koDATE: SUBJECT: Bond Acceptance I have received the bonds forlt�cL��� (o (KSEA-) (Company Name) Faithful Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Acf,4� 7- a4t,31 Re: Tract No. CC No. MSC No. /19- A j Approved (Cou it Appioval Date) 4�3/-�®O3S- Agenda item No. City Clerk Vault No. 6 0 #27 gJfollowuplbondletter doc PERFORMANCE BOND Conforms with The American institule of Architects A.I.A. document No. A-311 SA; INSURANCE COMPANY OF AMERICA GEI,.. _,L INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANYOF AMERICA HOME OFFICE. SAFECO PLAZA SEAT-P—E, WASHINGTON 98185 Bond No. 6360035 PREMIUM: $22,842.00 KNOW ALL BY THESE PP ESF'.`7TS: that DEN BOER ENGINEERING AND CONSTRUCTION, INC. (Here insert full name and address or legal title of Contractor) 4575 E. CAMINO PAROCELA, PALM SPRINGS, CA. 92264 as Principal, hereinafter called Cantractor, and, SAFG:C:O INSURANCE COMPANY OF AMERICA 120 VANTT_S , ATE 130, ALISO VIEJO, CA 92656 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firm' y bound unto CITY OF HUNTINGTON BEACH (Here insert full name and address or legal title of Owner) 2000 MAIN STREET, HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called {owner, in the arnoint of TWO MILLION TWO HUNDRED SIXTY—FOUR THOUSAND AND NO/100 — — — — — — — — — — — — — -- — — — - Doilars1S2,264,000.00 — — — 1 for the payment whereof Contractot and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for LIFT STATION #26 REPLACEMENT AT EDINGER AVENUE AND SANTA BARBARA. LANE, CASH CONTRACT NO. 1240 AND LIFT STATION #28 (Here insert full name, address and description of project) REPLACEMENT AT CORAL CAY LANE AND BLUE WATER LANE, CASH CONTRACT NO. 1241 in accordance with Drawings ark-9 Specifications prepared by (Here insert full name and address or legal title of Architect) N/A which contract is by reference rCiade a part hereof, e nd is hereinafter referred to as the Contract. S_t219)SAI=� 6,�9fl Page 1 of z © Regislerod trademark of SAFECO Corporation MVEeD& T FOR McGRAT , City Attorneyo0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of RIVERSIDE On before me, R. CISNEROS ate Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared MICHAEL D. STONG Name(s) of Signer(s) R. CISNEROS COMM. #1488731 NOTARY PUBLIC - CALIFORNIA RIVERSIDE COUNTY M COMM E) ires June 7, 2008 ® personally known to me O proved to me on the basis of satisfactory evidence to be the person}' whose name is/Vtr subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/fir authorized capacity(ies-), and that by his/hef,44eW signature,(5'on the instrument the persono'j, or the entity upon behalf of which the personX acted, executed the instrument. WITNESS my hand and official seal. R Place Notary Seal Above _ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF'SIGNEW.. TOP Of thumb here 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-878-8827 �'S A F E C a CONTRACT BOND - CALIFORNIA PAYMENT BOND SA INSURANCE COMPANY OF AMERICA GEN_. AL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 Bond NUMBER 6360035 PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL BY THESE PRESENTS, That we, DEN BOER ENGINEERING AND CONSTRUCTION, INC. 4575 E. CAMINO PAROCELA, PALM SPRINGS, CA 92264 and the SAFECO INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, 2000 MAIN STREET HUNTINGTON BEACH CA 92648 as Obligee, in the sum of TWO MILLION TWO HUNDRED SIXTY—FOUR THOUSAND AND N01100 — — — — — — — - - — — — — — — — — — — — — — — — — — — — — — — — Dollars ($ 2,264,000.00 — — — — — ), for the payment whereof, well and. truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, irmly by these presents_ THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a contract, dated _ day of with the Obligee to do and perform the following work, to -wit. - LIFT STATION #26 REPLACEMENT AT EDINGER AVENUE AND SANTA BARBARA LANE, CASH CONTRACT NO. 1240 AND LIFT STATION #28 REPLACEMENT AT CORAL CAY LANE AND BLUE WATER LANE, CASH CONTRACT NO. 1241 NOW, THEREFORE, if the above -bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts requv ed to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his/her subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor, Surety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attomey's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 29th day of No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. By 1 MI DECEMBER ENG lm , 2005 TRUCTION, INC. Principal OF AMERICA S-08161SAEF 6199 AP OVED�AST O Registered trademark of SAFECO Corporation. FO I R WGRAT tty Attorney b i(0 co CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE ss On before me, R. CISNEROS Date Name and Title of Officer (e.g., "Jane Doe, Notary personally appeared MICHAEL D. STONG 00 R. CISNEROS COMM. #1488731 NOTARY PUBLIC -CALIFORNIA M Comm E I�res June 7 2008 Name(s) of Signer(s) IN personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name is/�IK subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he4thie>r authorized capacity(k-,&), and that by his/hef4eif signature-(,s,'on the instrument the personf <or the entity upon behalf of which the person(.4 acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ° Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National NotaryAssociation • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • w .nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 IMPORTANT NOTICE TO SURETY BOND CUSTOMERS REGARDING THE TERRORISM RISK INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of, America, General Insurance Company of America, First National Insurance Company, American States Insur- ance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of any bonds issued for your account, the underlying agreements guaranteed by those bonds, any statutes governing the terms of those bonds or any generally applicable rules of law. At this time there is no premium change to any of your bonds resulting from this Act. Dated: February 24, 2003 S-6247 2/03 /� ®• POWER SAFECO INSURANCE COMPANY OF AMERICA i /64 OF ATTORNEY GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. 6966 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *********************MICHAEL D. STONG; ROSEMARY CISNEROS; SHAWN BLUME; SUSAN C. MONTEON; Riverside, Califomia************************** its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 30th CHRISTINE MEAD, SECRETARY CERTIFICATE day of June 4 t-�_ �ulliL� Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: P r ej I GAVICK, PRESIDENT 2004 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this day of 6tc&zlt�, v E y SEAL SEAL , x a 1953 197% a � � gtASM pfCpf WdS- CHRISTINE MEAD, SECRETARY S-0974/SAEF 2/01 ® A registered trademark of SAFECO Corporation 06/30/2004 PDF PERFORMANCE BOND Conforms with The American institvife of Architects A.I.A. document No, A-311 SA INSURANCE COMPANY OF AMERICA GE), AL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE. WASHINGTON 98185 Bond No. 6360035 PREMIUM: $22,842.00 KINOW ALL BY THESE. PRBSE"ITS: that DEN BOER ENGINEERING AND CONSTRUCTION, INC. (Here insert full name and address or legal title of Contractor) 4575 E. CAMINO PAROCELA, PALL SPRINGS, CA. 922.64 as Principal, hereinafter called Centr-actor, and, SAFECO INSURANCE COMPANY OF AMERICA 120 VANTIS, ATE 130, ALISO VIEJO, CA 92656 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Suren.y, are held and firm'y bound unto CITY OF HUNTINGTON BEACH (Here insert full name. and address or legal title of Owner) 2.000 MAIN STREET, HUNTINGTON BEACH, CA 92648 as Obligee, hereinafter called Owner, in the amoint of TWO MILLION TWO HUNDRED SIXTY—FOUR THOUSAND AND NO / 100 — — — — — -- -- -- — — — — — — -- — — — — D otiars , s 2 , 264 , 000.00 — — — 1. for the payment whereof Contrat.tor and Surety hint, them selves, their heirs, executors; administrators, successors and assigns, jointly and severally, fumly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for LIFT STATION #26 REPLACEMENT AT EDINGER AVENUE AND SANTA BARBARA. LANE, CASH CONTRACT NO. 1240 AND LIFT STATION # 2 8 !Here insert full name, address and description of project) REPLACEMENT AT CORAL CAY LANE AND BLUE WATER LANE, CASH CONTRACT NO. 1241 in accordance with Drawings ar,d Specifications prepared by ,Here insert full name and address or legal title of Architect) N/A which contract is by reference ;nade a part hereof, a nil is hereinafter referred to as the Contract. S-f299M FF5J9g Page 1 of z © Registered trademark of SAFEGO Corparatlon. MVEeD& T FOR McGRAT , City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE ss. On Wop,105 before me, R. CI_S_NE_ROS ate Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared MICHAEL D. STONG R. CISNEROS COMM. #1488731 NOTARY PUBLIC -CALIFORNIA RIVERSIDE COUNTY M Comm. Ex fires June 7, 2008 Place Notary Seal Above Name(s) of Signer(s) ® personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person' whose name is/q�K subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/fir authorized capacity(i-_&), and that by his/hefM#einr signature,(,sr)'on the instrument the personfe'or the entity upon behalf of which the person(4 acted, executed the instrument. WITNESS my hand and official seal. R Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800-876-6827 S A F E C a CONTRACT BOND - CALIFORNIA PAYMENT BOND SF INSURANCE COMPANY OF AMERICA GE,, —AL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMSF6CA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 Bond NUMBER 6360035 PREMIUM INCLUDED IN PERFORMANCE BOND KNOW ALL BY THESE PRESENTS, That we, DEN BOER ENGINEERING AND CONSTRUCTION, INC. 4575 E. CAMINO PAROCELA, PALM SPRINGS, CA 92264 and the SAFECO INSURANCE COMPANY OF AlgERICA, a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF HUNTINGTON BEACH, 2000 MAIN STREET HUNTINGTON BEACH CA 92648 as Obligee, in the sum of TWO MILLION TWO HUNDRED SIXTY—FOUR THOUSAND AND NO/ 100 — — — — — — — - - — — — — — — — — — — — — — — — — — — — — — — — Dollars ($ 2,264,000.00 — — — — — ), for the payment whereof, well and truly to be made, :,aid Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents_ THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, That WHEREAS, the above -bounden Principal has entered into a contract, dated day of with the Obligee to do and perform the following work, to -wit. - LIFT STATION #26 REPLACEMENT AT EDINGER AVENUE AND SANTA BARBARA LANE, CASH CONTRACT NO. 1240 AND LIFT STATION #28 REPLACEMENT AT CORAL CAY LANE AND BLUE WATER LANE, CASH CONTRACT NO. 1241 NOW, THEREFORE, if the above -bounden Principal or his/her subcontractors fail to pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees of the Principal or his/her subcontractors pursuant to Section 19806 of the Revenue and Taxation Code, with respect to such work and labor, S1:.rety will pay for the same, in an amount not exceeding the amount specified in this bond, and also, in case suit is brought upon this bond, a reasonable attomey's fee, to be fixed by the court. This bond shall inure to the benefit of any and all persons, companies or corporations entitled to file claims under Section 3181 of the Civil Code of the State of Califorria, so as to give a right of action to them or their assigns in any suit brought upon this bond. Signed, sealed and dated this 29 th day of DECEMBER 2005 No premium is charged for this bond. It is executed in connection with a bond for the performance of the contract. S-OBI&SAEF &!99 ENG TRUCTION, INC. Principal M1WRMCG1RAT OVED AJT FO O Registered trademark of SAFECO Corporation. Ay Attorney ' 1 t' Jt0 (o CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of RIVERSIDE ss. On before me, R. CI_S_NE_ROS Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared MICHAEL D. STONG R. CISNEROS COMM. #1488731 NOTARY PUBLIC - CALIFORNIA IN C mlvERSIDE COUNTY m. Ex i—. June 7, 2008 Name(s) of Signer(s) IN personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person whose name is/q�K subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ant authorized capacity(ie—�), and that by his/hefl44e4 signature,($1ron the instrument the personXor the entity upon behalf of which the personX acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above _ Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER,:' 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1.800-876-6827 i IMPORTANT NOTICE TO SURETY BON® CUSTOMERS REGARDING THE TERRORISM RISK( INSURANCE ACT OF 2002 As a surety bond customer of one of the SAFECO insurance companies (SAFECO Insurance Company of. America, General Insurance Company of America, First National Insurance Company, American States Insur- ance Company or American Economy Insurance Company), it is our duty to notify you that the Terrorism Risk Insurance Act of 2002 extends to "surety insurance". This means that under certain circumstances we may be eligible for reimbursement of certain surety bond losses by the United States government under a formula established by this Act. Under this formula, the United States government pays 90% of losses caused by certified acts of terrorism that exceed a statutorily established deductible to be paid by the insurance company providing the bond. The Act also establishes a $100 billion cap for the total of all losses to be paid by all insurers for certified acts of terrorism. Losses on some or all of your bonds may be subject to this cap. This notice does not modify any of the existing terms and conditions of any bonds issued for your account, the underlying agreements guaranteed by those bonds, any statutes governing the terms of those bonds or any generally applicable rules of law. At this time there is no premium change to any of your bonds resulting from this Act. Dated: February 24, 2003 S-6247 2/03 FaOF ATTORNEY KNOW ALL BY THESE PRESENTS: SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No. That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *********************MICHAEL D. STONG; ROSEMARY CISNEROS; SHAWN BLUME; SUSAN C. MONTEON; Riverside, Califomia************************** its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 30th day of June CHRISTINE MEAD, SECRETARY MIKE MCGAVICK, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 2004 "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this d ?A day of o°t�RITFrQ�• SJ�r—CO RppRATE SEAL y SEAL, X n f wns � jeofWas��i S-0974/SAEF 2/01 CHRISTINE MEAD, SECRETARY ® A registered trademark of SAFECO Corporation 06/30/2004 PDF 5 su . 4 INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST Hun Bm v JANI 1 �, 2006 1. Requested by: Christi Mendoza, Risk Management city Attorn ' t, , Cn y� �idoz 2. Date: January 17, 2006 3. Name of contractor/permittee: Denboer Engineering & Construction, Inc. 4. Description of work to be performed: CC-1240 Lift Station #26: Abandonment/demolition of existing sewer pump station, install new sanitary sewer lines/new sewer lift station; CC-1241 Lift Station #28: Conversion of existing drywell to wetwell, new 8" cast -in -place walls, add 72' access ring with access hatch, modify vault to valve -vault, two new precast vaults. 5. Value and length of contract: $2,264,000; 365 calendar days from notice to proceed 6. Waiver/modification request: $5,000 deductible/general liability insurance 7. Reason for request and why it should be granted: Unable to comply with the city's zero deductible insurance requirement 8. Identify the risks to the City in approving this waiver/modification: None. Dep ment Head Signature Date: APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Administrator's Office is only required if Risk Management ancLt'e City Attorney's Office disagree. 1. Risk Management r' kApproved ❑ Denied Cia Signature D to 2. City Attorney's Office r ��pproved ❑ Denie L3 A Signatl#Date 3. City dministrator's Office L7 A roved ❑ Denied Z pP e � 06 xv Sign re bate If approved, the completed waivertmodification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services A D -, CERTIFICATE IF LIABILITY INSURAN Dizii9iz o ) PRODUCER 949-559-6700 FAX 949-»9-6703 THIS CERTIFICATE IS ISoJED AS A MATTER OF INFORMATION Garrett/Mosier/Sistrunk Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 12 Truman HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92620 Attn : Chari se May INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: American Zurich Insurance Com an DenBoer Engineering & Construction Inc. 4575 E. Camino Parocela Palm Springs, CA 92264 rnx1PRArPC p INSURERB: Zurich American Insurance Co of Illinois INSURERc: National Union Fire Ins. Co of P tts, PA INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINi ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVID E POLICY EXPIRATION DATE 1MM/DD[YY1 LIMITS GENERAL LIABILITY CP04277392 11/09/2005 11/09/2006 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300,000 CLAIMS MADE OCCUR c $ 5 , OOO DEDUCTIBLE MED EXP (Any one person) $ 10,000 A PER OCCURENCE PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY X PROECT LOC J AUTOMOBILE LIABILITY ANY AUTO CP04277392 11/09/2005 11/09/2006 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X BODILY INJURY (Per person) $ B ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS _ .�A./� u �� 'to FORM X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ EF, CCS� GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS/UMBRELLA LIABILITY BE9036728 11/09/2005 11/09/2006 EACH OCCURRENCE $ 4,000,000 X OCCUR CLAIMSMADE OVER GL, AUTO, EL AGGREGATE $ 4,000,000 C $ $ DEDUCTIBLE X RETENTION $ 10,00 $ COMPENSATION AND WC STATU- O R CRYWORKERS EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ OTHER "10 day notice of cancellation for non-payment of premium. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ! EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ob: #273 - Lift Station's #26 & #28; Contract No's 1240 & 1241 ert holder is included as additional insured under general liability per attached UGL1175A, including primary wording, but only if required under written contract subject to policy terms and conditions. City of Huntington Beach its agents, officers & employees Attn: Risk Management 2000 Main Street PO Box 190 Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL D1 XNX0ft MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, D(J6XUXMXXX fa1QX)CKI1WOMXd(XXkXYLXOOdM(Y&)&X)kXI6(IKIX�IXX ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) A_ Additional Insured — Automatic - Owners, Lessees Or Contractors - goad Form Policy No. Eff Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add T Prem Return Prem. CP04277392 11-09-2005 11-09-2006 1 11-09-2005 $ $ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis- ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The "bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "property damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products -completed operations hazard", performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2, We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the addi- tional insured; or U-GL-1175-A CW (9/03) Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page t of 2. "Bodily injury", "property a"..cage" or "personal and advertising injury" aris...g out of the rendering or failure to render any professional architectural, engineering or surveying services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by an- other insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. City of Huntington Beach its agents, officers & employees Job: #273 - Lift Station's #26 & #28; Contract No's 1240 & 1241 U-GL-1175-A CW (9/03) Page 2 of 2 ACORQ, CERTIFICATE ®®F LIABILITY INSURANII-`F: 12i29iz o ) PRODUCER (949) 559-6700 FAX (949j jS9-6703 THIS CERTIFICATE IS ISoUED AS A MATTER OF INFORMATION Garrett/Mosier Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 12 Truman HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR /�� . /� �� 9` ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine, CA 92620 l Attn : Chari se May _ ar% INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA: SeaBright Insurance Company INSURER B: Den Boer Engineering and Construction Inc INSURERC: 4S75 E. Camino Parocela INSURERD: Palm Springs, CA 92264 INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINI ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE IMM/DD/YYj LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED FIR irpnca) $ CLAIMS MADE ❑ OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ POLICY PROJECT D LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND BB1050735 10/01/2005 10/01/2006 X WC STATU- OTH- A EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT i SPECIAL PROVISIONS lob: #273 - Lift Station's #26 & #28; Contract No's 1240 & 1241 1-10 day notice of cancellation for non-payment of premium. City of Huntington Beach its agents, officers & employees Attn: Risk Management 2000 Main Street PO Box 190 Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL K9XXVdM MAIL 30* DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, DG)6i�(Q�GIEXD(d(XtXI�(Xo�1b1�X�Qd(�QEK�I4X�XA6�(tICIX�CXX ACORD 25 (2001/08) ©ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) r, 2005 NOV-1 PH i s 58 P" Y FiUNTI GTON BEACH � J p r `j - 1 �j Aell A liG �.r II 10 1 NJ ! - AON SUQ A I1 x o`IM M 1016 f` /o//- � SECTION A NOTICE INVITING SEALED BIDS for the LIFT STATION #26 REPLACEMENT CASH CONTRACT No. 1240 And LIFT STATION #28 REPLACEMENT CASH CONTRACT No. 1241 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated project and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on November 1, 2005. Bids will be publicly open in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $175.00 nonrefundable fee if picked up, or payment of a $200.00 nonrefundable fee if mailed via U.S. Postal Service, FedEx, UPS, or any other delivery service. Any contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions of the Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrial Relations of the State of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License, Class A, at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess current business licenses from the AGENCY. Project Description (Station #26): The Work generally includes; relocation of potable water line, abandonment and demolition of existing sewer pump station, removal of existing electrical panels and conduit, sidewalk, pavement, and surface improvements removal, installation of new sanitary sewer lines, installation of new sewer lift station, installation of new dry pit submersible pumps, replacement of force main, asphalt paving and removal, restoration of existing public and private improvements, and related appurtenant work not mentioned above but required in accordance with the Contract Documents. The Work is located at Edinger Avenue and Santa Barbara Lane in Huntington Beach, CA. The engineer's estimate for the work is approximately $1,100,000. Project Description(Station #28): The Work generally includes; conversion of the existing drywell to a wet -well by pouring all new 8-inch thick cast -in -place walls, using the existing walls as forms and adding a 72-inch diameter access ring with access hatch, modification of the existing access vault into valve vault; construction of two new precast vaults to house the activated carbon odor control system and the pump discharge flow meter; removal of existing electrical panels and conduit, installation of new sanitary sewer lines, installation of new submersible pumps, replacement of force main, asphalt paving and removal, restoration of existing public and private improvements, and related appurtenant work not mentioned above but required in accordance with the Contract Documents. The Work is located at Coral Cay Lane and Blue Water Lane in Huntington Beach, CA. The engineer's estimate for the work is approximately $600,000. The project schedule is 365 calendar days. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 20th day of September 2004, by RESOLUTION 2004-81. Attest: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH PROOF OF PUBLICATION STATE OF CALIFORNIA) ) ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of general circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: SEPTEMBER 2912005 OCTOBER 6;13,2005 I declare, under penalty of penury, .that the foregoing is true and correct. . Executed on 'OCTOBER 13,2005 at Costa Mesa, California. Signature NOTICE INVITING SEALED BIDS for the LIFT STATION #26 REPLACEMENT CASH CONTRACT No.1240 And ' LIFT STATION #28 REPLACEMENT CASH CONTRACT No.1241 ill the CITY OF HUNTINGTON BEACH t,�PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON ACH, as AGENCY, invites sealed bids for the above stated project and II receive such bids in the office of the City Clerk, Second Floor, 2000 in Street, Huntington Beach, California 92648, up to the hour of 2:00 lPM on November 1, 2005.: Bids will be publicly open in the Council ambers unless otherwise posted. P* Gopies of the Plans, Specifications, and contract documents are available com the Office of the .Director of Public Works, 2000 Main Street, .kintington Beach, CA 92648, upon payment of a $175.00 nonrefundable de if picked up, or payment of a $200.00 nonrefundable fee if mailed sv�a U.S. Postal Service, FedEx, UPS, or any other delivery service. 5.Qkny contract entered into pursuant.to this notice will incorporate the ovisions of the State Labor Code. Pursuant to the provisions of the rebor Code, of the 'State of California, the minimum prevailing. rate of r diem wages for each craft, classification or type of workman needed execute the contract shall be those determined by the Director of ustrial Relations of the State of California, which are on file at the Tice of the Director of Public Works, 2000 Main Street, Huntington Bach, CA 92648. The AGENCY will deilluct a 10% retention from all progress payments. jnn',�terprises The Contractor may substitute an escrow holder surety of equal value the retention in accordance with the provisions of the -California vernment .Code,' Section 4590. The Contractor shall be beneficial owner the surety and shall receive any interest thereon. he AGENCY hereby affirmatively' ensures that minority business will be afforded full opportunity to submit bids in response this notice and will not be discriminated against on the basis of race, or, -national origin, ancestry, sex, :or religion in -any consideration ding to the award of contract. o bid shall be considered unless it As prepared on the approved oposal•forms in conformance with the Instructions to Bidders. -"The bid must be accompanied by a certified check, cashier's check, or dder's bond made. payable to the AGENCY -for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in 9cordance with - provisions of the Business and Professions Code and shall possess' a State Contractor's License, Class A, at the time of the bid opening. The successful Contractor and his subcontractors will be inquired to possess current business licenses from the AGENCY. Project Description (Station #26): The Work generally includes; relocation bf potable water line, abandonment and demolition of existing. sewer dump station, removal of existing electrical panels and conduit, sidewalk, pavement, and surface improvements removal, installation of new sanitary sewer lines, installation of new. sewer lift station, installation of new dry pit submersible pumps, replacement of force main, asphalt paving and removal, restoration of existing public and private improvements, and related appurtenant work not mentioned above but required in accordance with, the Contract Documents. The Work is located at Edinger 'Avenue and Santa Barbara Lane in Huntington Beach, CA. The engineers'estimate {gr the work is approximately $1,100,000. ,4Project Description (Station #28): The Work generally includes; conversion of the existing drywell to a wet -well by pouring all new 8-inch thick cast-m-place walls, using the existing walls as forms and adding a 72-inch diameter access ring with access hatch,= modification of the existing access vault into valve vault; construction of two new. precast vaults to house the activated carbon odor control system and the pump discharge flow meter; removal of existing electrical panels and conduit, installation of new sanitary sewer lines, installation of new submersible pumps, replacement of force main, asphalt paving and removal, restoration of existing public and private improvements, and related appurtenant work not mentioned above but required in accordance with the Contract documents. The'Work is located at Coral Gay Lane and Blue Water Lane in Huntington Beach, CA. The engineer's estimate for the work is approximately$600,000. ,The project schedule is 365 calendar days. ,"The AGENCY reserves'the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60,days. ,BY, ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH; CALIFORNIA, the 20th day of September 2004, by RESOLUTION 2004-81. ,;Attest: _ /s/ Joan L. Flynn CITY CLERK OF -THE CITY OF HUNTINGTON BEACH Published Huntington Beach Independent September 29, October, 6, 13, 2005 095-377 PROOF OF PUBLICATION STATE OF CALIFORNIA) )Ss. COUNTY OF ORANGE ) I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT a newspaper of general circulation 1 printed and published in the City of Huntington Beach, County of Orange l�, State of California, and that attached, Notice is a true and complete copy asl` was printed and published in the Huntington Beach issue of said newspaper to wit the Issue(s) of: SEPTEMBER.29,2005 OCTOBER 6113,2005 1 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on OCTOBER 13,2005 at Costa Mesa, California. Signature NOTICE INVITING SEALED BIDS For the LIFT STATION #26 REPLACEMENT CASH CONTRACT NoJ240 _ F: And LIFT STATION #28 REPLACEMENT.CASH CONTRACT No.1241 I the CITY OF HUNTINGTON BEACH r UBLIC NOTICE 1S HEREBY GIVEN that the CITY OF. HUNTING70N ACH, as AGENCY, invites sealed bids for the above stated project and Ull receive such bids in the office of the City Clerk, Second Floor, 2000 !Main Street, Huntington Beach, California 92648, up to the hour of 2:00 1'M on November 1, 2005. Bids will be publicly open in the Council �iambers unless otherwise posted. ;copies of the Plans, Specifications, and contract documents are available Yrd�m the. Office of the Director of Public Works, 2000 Main Street, °'ntington Beach, CA 92648, upon payment of a $175.00 nonrefundable A.ft if, picked up, or payment of a $200.00 nonrefundable fee if mailed ua U.S. Postal Service, FedEx; UPS; or any other delivery service. o�ny contract entered into pursuant to this notice will incorporate the %oyisigns of the State Labor Code..Pursuant to the provisions of the �ebor Code of the State of California, the minimum prevailing rate of per .diem wages for each craft, classification or type of workman needed B execute, the contract shall be those determined by the Director of Mdustrial Relations of the State of California, which are on file at the ice of the Director of Public Works, 2000 Main Street, Huntington q�each, CA 92648. " The AGENCY will deduct a 10% retention from all progress payments. a.he Contractor may substitute an escrow holder surety of equal value iT the retention in accordance with the provisions of the California pvernment Code, Section 4590.. The Contractor shall be beneficial owner 4� the surety and shall.receive any interest thereon: The AGENCY herebyaffirmatively ensures that minority business terprises will -be afforded full opportunity to submit bids in response this notice and will not be discriminated against on the basis_of race, pclor, national origin, ancestry, sex, or religion in any consideration 7gading to the award of contract. "{1Vo. bid- shall be considered. unless it is prepared on the approved ioposal forms in conformance with the Instructions to Bidders. y?The bid must be accompanied by a certified check, cashier's check, or adder's bond made' payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and §hall possess .a State Contractor's. License; Class A, at the time of the bid opening. The successful Contractor and .his subcontractors will be required to possess current business licenses from the AGENCY. Project Description (Station #26); The -Work generally includes; relocation 0,, potable water line, abandonment and demolition. of existing sewer pump station, removal of existing electrical panels'and conduit, sidewalk, pavement, and surface improvements removal, installation of new sanitary sewer lines, installation of new sewer lift station, installation of new dry pit submersible pumps, replacement of force main, asphalt paving and removal, restoration of existing public and 'private improvements, and related appurtenant work not mentioned above•but required in accordance with. the Contract Documents. The Work is located at Edinger Avenue and the Barbara Lane in Huntington Beach, CA. The engineer's estimate for the work is approximately $1,100,000. ,;proiect .Description(Station _#28): The Work,. generally' includes; conversion of the exist,ing•drywell to a wet -well -fay pouring all new 8-inch thick cast -in -place walls, using the existing walls as forms and. adding a 72-inch diameter access ring with access hatch, modification of the Gxisting.access vault into valve vault; construction of two new precast vito ethe activated carbon odor control system ,and the pump $jscharge flow meter; removal of existing electrical panels and conduit, installation -of new sanitary sewer lines, installation of new submersible pumps, replacement of force main, asphalt paving and removal, restoration pf existing public and private improvements, and related appurtenant Work not.mentioned above but required in.accordance with the Contract documents. The Work is located .at Coral Cay Lane and Blue Water Lane in Huntington Beach; CA. The engineer's estimate for the 'work is approximately $600,000. ;The project schedule is 365 calendar days. .,The AGENCY reserves the right to reject any or all bids, to. waive any irregularity and to take all bids under advisement for a maximum period of 60 days. qBY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, the 20th day of September 2004, by RESOLUTION 2004-81. ,(Attest: /s/ Joan L. Flynn CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published' Huntington Beach Independent September 29, October 6; 13, FL.4CITY OF HUNTINGTON BEACH 2000 Main Street P.O. Box 190 Huntington Beach, CA 9264.8 LETTER OF TRANSMITTAL Attention: Joan L. Flynn To: City Clerk's Office 2000 Main Street Huntington Beach, CA 92648 Fax (714) 374-1573 Date: September 22, 2005 Project/C.C. No.: C.C. No. 1240 & 1241 Regarding: LIFT STATION #26 & #28 REPLACEMENT ❑ We are sending you: ❑ By Mail ❑ By Fax Mail(Number of pages including this sheet:) ® We are hand delivering: ❑ Attached ❑ Under a separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change Order ® Other: Notice Inviting Sealed Bids Copies' Pages rt Descnpfon 1 1 2 Notice Inviting Sealed Bids 2 LIFT STATION #26 REPLACEMENT AND LIFT STATION #28 REPLACEMENT, CC-1240 & 1241 3 4 5. These are transmitted as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ® For your use ❑ Approved as noted ❑ Submit copies for distribution ® For your action ❑ Returned for corrections ❑ Return corrected prints ❑ For review/comment ❑ Other: Remarks: Please find attached the Notice Inviting Sealed Bids for advertisement on 9/29/05, 10/06/05 & 10/13/05. Bid opening is scheduled for 11/01/05 @ 2:00 pm. Please contact me at 374-1735 with any questions you may have. c: file By: glas A. Erdman, Associate Civil Engineer GACONSTRucriON CONTRACTS (CCs) \CC1240 & 1241 VOB HOUSE\NISB TRANSMITAL To CLERK CC-1240-1241.DOC 1 , F F7 I __ t,. ` r 20 5 DEC -8 1111: 16 Council/Agency Meeting Held: . g;T Y Deferred/Continued to: e�IJ 'Es x j D 01-1 Approved ❑ Conditionally Approved ❑ Denied City er is gnatur Council Meeting Date: 12/19/2005 Department I umber: PW 05-079 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: HONORAB E MAYOR AND CITY CO Ut4CIL MEMBERS SUBMITTED BY: PENELC)P CULBRETH-GRAFT, CIT4MI T ll Z J�PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECTOR OF PUBL W �RKS��� SUBJECT: Award Construction Contract for the Sewer Lift Stations #26 and #28 Replacements; CC-1240 & 1241 Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: On November 1 2005, bids were received for the Sewer Lift Station #26 and #28 Replacements, CC-1240 and CC-1241. Both sewer lift stations were bid as a single contract. Staff recommends award to Denboer Engineering & Construction, Inc., the lowest responsive and responsible bidder. Funding Source: Funds in the amount of $1 million are budgeted in the Sewer Service Charge Fund, Sewer Lift Stations CIP, Account 51189001.82600. The revised engineer's estimate for both projects was $1.7 million. The total project cost is now estimated at $2.95 million. Funding adjustments will include $950,000 from lift station design and sewer lining projects, and $1 million appropriated from the undesignated Sewer Service Charge fund balance. Recommended Action: Motion to: 1. Approve the project plans and specifications for Sewer Lift Station #26 and #28 Replacements, CC-1240 and CC-1241; 2. Accept the lowest responsive and responsible bid submitted by Denboer Engineering & Construction, Inc. in the amount of $2,264,000; 3. Authorize the Mayor and City Clerk to execute a construction contract in substantially the same form as the attached sample contract; and 4. Appropriate and authorize the expenditure of $1 million from the undesignated Sewer Service Charge fund balance into the project budget. REQUEST FOR ACTION MEETING DATE: 12/19/2005 DEPARTMENT ID NUMBER:PW 05-079 Alternative Action(s): Do not approve the plans and specifications; reject all bids; do not appropriate the necessary additional funds and provide alternative direction. Analysis: Sewer Lift Station #26 was originally constructed in the early 1970s. The existing station is located on the southwest corner of Santa Barbara Lane and Edinger Avenue. Sewer Lift Station #28, located within the street right-of-way at the intersection of Coral Cay Lane and Bluewater Lane, was also constructed in the 1970s. The station is located within a landscaped area, behind the existing sidewalk, near the access gate to the private community of Coral Cay. Both sewer lift stations are demonstrating signs of deterioration, due to age and proximity to the marine environment, as evidenced by corrosion within the stations. These projects will abandon the existing sewer lift stations and replace them with new stations. On August 15, 2005, City Council rejected the previous sole bid received based on the bid being in significant excess of the project budget. Staff has reviewed the design and budget of the project. On November 1, 2005, a single bid for the Sewer Lift Station #26 and #28 Replacements, CC-1240 and CC-1241, was received and publicly opened by the City Clerk, and is listed below: Bidding Contractor I Bid Amount Denboer Engineering & Construction, Inc. 1 $2,264,000.00 The reference check for Denboer Engineering & Construction, Inc. provided acceptable responses from past clients. Staff recommends that the City Council accept the bid from Denboer Engineering & Construction, Inc., the lowest responsive and responsible bidder. Public Works staff researched the validity of the bid amount with other agencies and engineering firms. Due to the increased cost of building materials such as concrete and steel, as well as the current positive economic climate for contractors, the bid amount reflects market rates. In order to construct the two sewer lift stations, funds budgeted for design of another lift station, and the 2005/06 sewer -lining project will be redirected. Additionally, funds in the amount of $1 million will be appropriated from the Sewer Service Charge fund balance. Public Works Commission Action: The Public Works Commission recommended the project on May 18, 2005, by a vote of 6-0- 1. (Commissioner Engquist absent). G:\R C A\2005\05-079 Dec 19 Erdman (Award Lift Sta 26 and 28-Rebid).doc -2- 12/1/2005 2:59 PM REQUEST FOR ACTION MEETING DATE: 12/19/2005 DEPARTMENT ID NUMBER:PW 05-079 Environmental Status: Both sewer lift station replacements are exempt from a Coastal Development Permit (per Section 245.08.E of the Huntington Beach Zoning and Subdivision Ordinance) and categorically exempt from the California Environmental Quality Act (CEQA) per Section 15302 (c). Attachment(s): 1. 2. 3. Location Maps - Edinger Lift Station & Coral Cay Lift Station Fiscal Impact Statement —Sewer Service Fund Sample Contract G:\R C A\2005\05-079 Dec 19 Erdman (Award Lift Sta 26 and 28-Rebid).doc -3- 12/1/2005 2:56 PM ATTACHMENT #1 ABANDON EXISTING LIFT EDINGER AVE. STATION ---T------------ CONSTRUCT NEW LIFT STATION AND FORCE MAIN SEWER LIFT STATION IMPROVEMENTS FOR EDINGER LIFT STATION NO. D - CC #:1240 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS SCALE: 1" = 250' ®�mid 1 OF 1 SEWER LIFT STATION IMPROVEMENTS FOR CORAL CAY STATION NO. 28 - CC #:1241 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Jvl ILL. I V V V 1 OF 1 ATTACHMENT #2 �VpItINGtG� Oovn1Y,CP CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: PENELOPE CULBRETH-GRAFT, DPA, CITY ADMINISTRATOR FROM: DAN T.VILLELLA, CPA, FINANCE OFFICER SUBJECT: FIS 2005-06 — 04 AWARD CONSTRUCTION CONTRACT FOR THE SEWER LIFT STATIONS #26 AND #28 REPLACEMENTS; CC-1240 AND 1241 DATE: NOVEMBER 8, 2005 As required by Resolution 4832, this Fiscal Impact Statement has been prepared for "Award Construction Contract for the Sewer Lift Stations #26 and #28 Replacements; CC- 1240 and 1241" If the City Council approves this action (total appropriation request $2.9 million of which $1.9 million is budgeted already in the Sewer Service Fund), the estimated unreserved working capital of the Sewer Service Fund at September 30, 2006 will be reduced to $1,128,000. Dan Villella, Finance Officer ATTACHMENT #3 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND men THIS AGREEMENT ("Agreement") made and entered into this day of 20_, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and a California hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: I. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from agree/forms/city const/4-03 I the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; agree/forms/city const/4-03 2 C. ' The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council, and any revisions, amendments or addenda thereto; D. The current edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), and agree/forms/city const/4-03 3 CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PRO CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within (___) consecutive from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all agree/forms/city consU4-03 4 other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. agree/forms/city const/4-03 5 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of tiling of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace agree/forms/city consd4-03 6 the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($ ) per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and agree/farms/city const/4-03 7 further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or agree/forms/city const/4-03 8 a. delays by other contractors or subcontractors, will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS A. Notice: CONTRACTOR shall promptly, and before such conditions are disturbed, notify DPW in writing of: (1) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (2) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the agreement modified in writing accordingly. B. Time Extension: No claim of CONTRACTOR under this Section shall be allowed unless CONTRACTOR has given the notice required hereunder provided, however, the time prescribed therefor may be extended by CITY. agree/forms/city const/4-03 9 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (100%) of agree/forms/city const/4-03 10 the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. agree/forms/city const/4-03 I I 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 19. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer agree/forms/city const/4-03 12 to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a -certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance agree/forms/city const/4-03 13 coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, agree/forms/city const/4-03 14 elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 22. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 23. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 23 and any damages shall be assessed as set forth in Section 23. agree/forms/city const/4-03 15 24. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period plus seven and one-half percent (7 '/z %) for overhead and profit less all such payments already made. Such payment by CITY shall be CONTRACTOR's sole and exclusive remedy for termination by CITY for its convenience and CITY shall have not further obligation to CONTRACTOR. 25. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost 26. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 27. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. agree/forms/city const/4-03 16 28. STOP NOTICES• RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 29. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach ATTN: 2000 Main Street Huntington Beach, CA 92648 agree/forms/city const/4-03 17 30. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 31. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 32. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 33. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party agree/forms/city const/4-03 18 shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 34. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 35. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 36. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, agree/forms/city const/4-03 19 irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 37. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 38. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 39. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 40. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter agree/forms/city const/4-03 20 of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR M. pnnt name ITS: (circle one) Chairman/President/Vice President AND M. print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Administrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Public Works agree/forms/city const/4-03 21 2. 3. 4. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34 35. 36. 37. 38. 39. 40. CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TABLE OF CONTENTS Page No. STATE OF WORK; ACCEPTANCE OF RISK 1 ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 COMPENSATION 4 COMMENCEMENT OF PROJECT 4 TIME OF THE ESSENCE 4 CHANGES 5 NOTICE TO PROCEED 6 BONDS 6 WARRANTIES 6 INDEPENDENT CONTRACTOR 7 LIQUIDATED DAMAGES/DELAYS 7 DIFFERING SITE CONDITIONS 9 VARIATIONS IN ESTIMATED QUANTITIES 10 PROGRESS PAYMENTS 10 WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 11 AFFIDAVITS OF SATISFACTION OF CLAIMS 11 WAIVER OF CLAIMS 12 INDEMNIFICATION, DEFENSE, HOLD HARMLESS 12 WORKERS' COMPENSATION INSURANCE 13 INSURANCE 13 CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 14 NOTICE OF THIRD PARTY CLAIM 15 DEFAULT & TERMINATION 15 TERMINATION FOR CONVENIENCE 16 DISPOSITION OF PLANS, ESTIMATES AND OTHER 16 NON -ASSIGNABILITY 16 CITY EMPLOYEES AND OFFICIALS 16 STOP NOTICES 17 NOTICES 17 SECTION HEADINGS 18 IMMIGRATION 18 LEGAL SERVICES SUBCONTRACTING PROHIBITED 18 ATTORNEY'S FEES 18 INTERPRETATION OF THIS AGREEMENT 19 GOVERNING LAW 19 DUPLICATE ORIGINAL 19 CONSENT 20 SURVIVAL 20 MODIFICATION 20 ENTIRETY 20 INITIATING DEPARTMENT: Public Works SUBJECT: Award Construction Contract for the Sewer Lift Stations #26 and #28 Replacements; CC-1240 & 1241 COUNCIL MEETING DATE: December 19, 2005 RCA ATTA'C HMENTS, Ordinance (w/exhibits & legislative draft if applicable) Attached, El Not Applicable z Resolution (w/exhibits & legislative draft if applicable) Attached E] Not Applicable z Tract Map, Location Map and/or other Exhibits Attached Not Applicable 1:1 Contract/Agreement (w/exhibits if applicable) Attached Not Applicable Z'L/ ❑ (Signed in full by the City Attomey) Subleases, Third Party Agreements, etc. Attached Not Applicable El z (Approved as to form by City Attomey) Certificates of Insurance (Approved by the City Attomey) Attached Not Applicable El z Fiscal Impact Statement (Unbudget, over $5,000) Attached Not Appli able ❑ Bonds (If applicable) Attached Not Appli able El 0 Staff Report (If applicable) Attached Not Applicable E] z Commission, Board or Committee Reort (If applicable p) Attached Not Applicable E] z Find ings/Cond itions for Approval and/or Denial Attached Not Apelicable El 0 NTS NA T -] N OR --CH-M'E t ---F, Ml, ING--------AT-TA- X F'' RETURNED` REVIEW D"'�:­`--'--',,�,,,��--- Administrative Staff Assistant City Administrator (Initial) Ps City Administrator (Initial) City Clerk EXPLANATIONFOI� RETURN` OF ITE'i� RCA Author: Erdman